tag:www.templelawoffice.com,2013-03-21:/blog/785932018-12-17T16:50:38ZMovable Type Enterprisetag:www.templelawoffice.com,2018:/blog//78593.35512392018-12-17T16:51:38Z2018-12-17T16:50:38Z
When you were a child, you may have thought nothing of tripping and falling. In fact, falling down may have even been part of your outdoor play, and your knees and elbow gave evidence to that. However, falling down is no longer fun, and you may take every reasonable precaution to remain on your feet.

While you may be cautious, the unfortunate truth is that those around you may not be as concerned about your safety. For example, the owners of property to which you are invited or welcome have an obligation to keep their property as safe as possible from slipping and tripping hazards. If you should fall on someone else's property, you may have many questions about who is responsible for your injuries.

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What constitutes liability?

Proving that a property owner was negligent in preventing your fall is not always easy. You must show that the owner caused the hazard that resulted in your fall, knew about the hazard or should have known about it. You must also demonstrate that despite having knowledge of the danger, the property owner did nothing to remove the hazard or to at least warn you to avoid it. Some examples of this include the following:

For a significant time, a property owner allows a water leak to create slick areas on floors, stairs or walkways.

A property owner does not create a schedule for housekeeping tasks that would bring hazards to his or her attention.

Hallways, landings and aisles accumulate clutter or debris that a property owner neglects to attend to.

Cleaning crews leave floors over-waxed or slippery with soapy water, or the property owner fails to provide signage to warn customers and visitors of wet floors.

Of course, in addition to proving negligence on the part of the property owner, you may also have to defend against accusations that your own carelessness played a role in your accident. For example, you can expect questions about the shoes you were wearing, whether you were focused on your cell phone when you fell and your purpose on the property in the first place.

Because of the complicated and challenging nature of slip-and-fall liability, you may be concerned about your ability to successfully present the Texas court with a solid case for negligence. This is why many who decide to pursue a premises liability claim find it beneficial to rely on a skilled and experienced attorney.

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tag:www.templelawoffice.com,2018:/blog//78593.35353562018-12-06T14:46:56Z2018-12-06T14:45:56Z
There are times when you just don't have the ability to visit with your child in person. While this may be not ideal, it's often a way of life after divorce.

You do your best to visit with your children based on your visitation schedule, but it's important to learn more about alternative options. Virtual visitation, for example, is one of the best.

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As the name suggests, this is when you visit with your child through the use of technology, such as text messaging, video conferencing and instant messaging.

The primary benefit of virtual visitation is the ability to communicate with your child even when you can't see them in person. This can help in a variety of circumstances, such as:

Helping your child with a homework project

Reading your child a bedtime story

Watching your child partake in a live event, such as a recital or game

Learning more about an award that your child has received

The nice thing about many forms of virtual visitation is the ability to see your child's face. For example, with video conferencing software, you'll almost feel like you're in the same room as your child.

If you're interested in virtual visitation, discuss this with your ex-spouse to see if they agree to it. It'll never be a total replacement for face-to-face contact, but it's something to consider as a means of maintaining a strong relationship.

In the event that your ex continues to push back, learn more about your legal rights and the steps you can take to spend more time with your child.

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tag:www.templelawoffice.com,2018:/blog//78593.35166622018-11-23T20:32:12Z2018-11-23T20:31:12Z
Estate planning is not something most people look forward to. In fact, it may be something you continue to put off. Although it'll bring you face-to-face with some important questions, it's critical to dive in at the appropriate time.

Waiting too long. You assume you have an unlimited amount of time to create an estate plan, so you continue to put it off. Waiting too long, however, can backfire if something goes wrong.

Forgetting to update your estate plan. The estate plan you create today may not be sufficient in the future. Get into the habit of reviewing your plan at least once every year. If you find something you need to change, take immediate action.

Overlooking the importance of incapacity planning. It's a must to know who will handle your affairs if you become incapacitated. For example, having a healthcare power of attorney is important.

Choosing the wrong executor. This is the person who will administer your estate upon your death. Choosing the right person for the job will put your mind at ease.

Forgetting to name a guardian for your children. If you have children younger than 18, naming a guardian is vital. This person will step in to raise your children should you and your spouse pass on.

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With the right level of planning, you can prevent all of these estate planning mistakes. Subsequently, you'll feel good about the plan you have in place and what the future will bring for you and your loved ones.]]>
tag:www.templelawoffice.com,2018:/blog//78593.35119952018-11-17T21:11:34Z2018-11-17T21:10:34Z
Drafting a commercial lease is an important step for many Texas businesses, but it is beneficial to proceed through this process with caution. Signing a lease without negotiating the terms or carefully reviewing it can lead to financial complications in your future. Before you move forward with any decision, take steps to ensure you are not exposing yourself to potential financial losses and other avoidable issues in the future.

You may not know that many commercial leases are negotiable. Because of the nature of commercial real estate, it is actually in the interests of the property owner to be willing to work with the tenant on the terms of the lease. You may find it beneficial to seek guidance as you pursue terms that will work well for your company and your business operations.

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What should you know?

As you search for the right commercial property or work on negotiating the terms of your lease, it may be helpful to address the following issues for a contract that will allow for your business' continued growth and future success:

Rent – How much will rent be, and will there be increases in rent payments in the future? It is important to answer these questions, as well as include terms that spell out exactly what rent includes.

Length of lease – Every lease should be clear on how long the lease is valid, options for renewal in the future and what will happen if the tenant terminates the lease early.

Changes to the building – If you need to change the space to suit the needs of your company or repairs need to be made, it is beneficial to outline which party is financially responsible for these expenses.

These are just a few of the things you may need to include in your commercial lease. It is smart to pursue terms that suit the unique needs of your business and allow you to meet the needs of your customers or clients.

Help for your real estate concerns

When it comes to the financial and legal well-being of your business, it is prudent to seek guidance when making important decisions. The terms of your lease will impact your company for months or years, and you may find great benefit in working with an experienced Texas real estate lawyer during negotiations, contract drafting and dispute resolution.

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tag:www.templelawoffice.com,2018:/blog//78593.35037452018-11-08T23:02:38Z2018-11-08T23:01:38Z
Settling on child custody arrangements during the holiday season is easier said than done. You have one set of plans in mind, but your ex-spouse may have another. This can lead to a variety of concerns, all of which you need to work through as quickly as possible.

Traveling with your children: If you have plans to take your children out of town, such as to visit relatives in a different part of the country, discuss it with your ex-spouse first. Also, refer to your custody agreement to ensure that you're permitted to do so.

Sharing time: You'll want to spend as much time as possible with your children during the holidays. The other parent will likely feel the same way. If your parenting agreement spells out how to share time during the holidays, rely on this to keep you on track.

Gifts: This sounds harmless enough, but disputed gifts can cause a lot of stress during the holidays. For example, if your ex asks you not to buy a particular gift but you do so anyway, an argument could ensue.

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You want to spend quality time with your children during the holiday season. You don't want to spend several weeks or months arguing with your ex-spouse and tangled up in child custody disputes.

Give yourself enough time to figure everything out. Once you have a plan in place, stick with it no matter what. If a dispute comes to light, do your best to resolve it without any additional bad feelings coming to light.

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tag:www.templelawoffice.com,2018:/blog//78593.34937822018-10-30T23:21:35Z2018-10-30T23:20:35Z
Your pets depend on you. You probably notice this most when they wake you up just before your alarm to let you know they need to go out, or when they hover around the food dish to remind you they cannot feed themselves. While these reminders may be nice, you probably don't need them to tell you what they need.

Like many loving pet parents, you know how to care for your pets, and when they need medical checkups, grooming or a certain special treat. Have you considered who will provide this care if your pets should outlive you?

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Is a will the best way?

You may assume that a friend or family member will gladly take your pets in when you are no longer around to care for them. Perhaps you have already discussed this with someone, or you plan to leave instructions in your will. If your friend has already agreed and you have complete trust in him or her, you may be satisfied that you have done all you can to prepare for that day.

Unfortunately, many pets in such situations end up in shelters after those trusted friends change their minds. If you plan to leave some money in your will to provide for your animals' needs, there is no system to force your designated caregiver to use the funds for the purpose you mention in your will.

Pet trusts

More animal lovers are using pet trusts to provide a stable future for their beloved companions. With a pet trust, you can provide money for your pets' care and specify how you want the designated caregiver to spend the money and the kind of treatment you prefer your pets to receive; for example:

Where and when to see a vet or groomer

A specific brand of pet food your animals prefer

How often to walk or exercise the animal

How to manage the end of your pet's life

What to do with any leftover funds in the trust

Your assigned caregiver can be a friend or relative, but you may also consider one of the many charitable organizations who adopt animals in return for a donation.

The beauty of a trust is that a trustee protects the funds and supervises how the caregiver spends the money. Your trustee can also oversee the kind of care your pet receives. Since there are numerous legal issues to consider when you create a trust for your pet, you would be wise to consult a Texas attorney who can guide you in making decisions that best suit your situation.

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tag:www.templelawoffice.com,2018:/blog//78593.34908222018-10-26T16:03:21Z2018-10-26T16:02:21Z
Once you decide to divorce, it's time to think about a future in which you are no longer married. There's a good chance that your financial situation will change as a result of your split, and you will need to make some adjustments.

Create a budget. List your income and expenses, as this will give you a clear view of your situation moving forward.

Make changes to your spending habits. If you won't have access to as much money as you did during your marriage, it's safe to say that your spending habits must change.

Open separate checking accounts. Also, you shouldn't use a joint credit card as you move through the divorce process. The same holds true of joint bank accounts.

Realize that you won't get everything. Property division is a big part of any divorce. You hope to get a fair share of assets, but you must realize early on that there's no way of getting everything.

Don't make a big purchase just yet. You may be tempted to buy a new home shortly after your divorce is finalized or get a fancy car to cheer yourself up. There's time for these things in the future, once the dust of your divorce settles.

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There's no right or wrong way to prepare your finances for divorce. You need to make decisions based on your financial situation and future goals. As long as you begin to think about this early in the divorce process, you should be able to avoid mistakes that cause long-term trouble.]]>
tag:www.templelawoffice.com,2018:/blog//78593.34785102018-10-16T14:21:34Z2018-10-17T19:37:58Z
It is natural to put off making decisions when the process requires you to think seriously about difficult matters. This is why less than half of those in Texas and across the country have an estate plan or even a simple will. You may be among those who have delayed addressing those upsetting questions or even considering whether a will is enough to adequately provide for your family's needs.

For many people, a will is enough to meet their goals for their loved ones after they die. However, your situation may have certain elements that require more careful consideration in the form of an estate plan.

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Benefitting from a thorough estate plan

Your will designates whom you wish to receive your assets after you pass away. It can also outline your desires for the care of your children, including naming a guardian for those who are still minors. An estate plan can offer even more for you and your family, including the following:

Avoiding excessive tax ramifications for your estate

Managing the assets of a large or complex estate, for example if you own properties in numerous states or overseas

Including the succession of your business

Providing for a child or dependent with special needs without jeopardizing any claims to government benefits

Leaving assets to your children if you wish to control how or when they will use those assets

Ensuring your children from previous relationships obtain their fair share of your estate

Allowing you to provide an income for a special cause through a charitable trust

Additionally, some elements of an estate plan, such as a trust, can keep your family's affairs private since they do not go through the public process of probate. Avoiding probate can also save your family money and can allow them to access their inheritance much faster because they will avoid the long months of the court proceedings.

If not now, when?

No matter at what stage of life you currently are, having a solid plan in place can benefit you and your family. A complete estate plan can also include powers of attorney and health care proxies to ensure your financial and medical needs are met if you should become incapacitated. This can happen at any point in a person's life, not just in the elder years.

If you hesitate to make an estate plan because you are just starting out with your investments or your family, you may be encouraged to know that frequently revisiting and revising your estate plan is something advisors encourage, and your attorney can answer your questions about the best tools for your plan, both now and in the future.

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tag:www.templelawoffice.com,2018:/blog//78593.34702642018-10-10T13:35:08Z2018-10-10T13:34:08Z
There is never a time when distracted driving is acceptable, as it can cause an accident that results in injury or even death. However, even with a variety of laws in place, some people decide to partake in this behavior.

Daydreaming: When you aren't thinking about driving, but instead concentrating on something else, it increases the risk of an accident.

Cellphone use: There are many ways to use a cellphone when driving, such as texting, talking or browsing the internet.

Passengers: Most people find themselves driving with others on a regular basis. This is ok but don't become so caught up in conversation that you stop paying attention to the road ahead.

Eating or drinking: Many people are in the habit of eating and drinking while driving, especially if they are running late.

Adjusting controls: From the radio to the climate to the GPS, cars are full of more controls than ever before. It's imperative to make adjustments before putting your car in drive.

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Even if you understand the dangers of distracted driving, you shouldn't assume that others are taking the same caution. There will always be people out there who are okay with making this mistake.

If you're part of an accident with a distracted driver, move to the side of the road, stay inside your vehicle and call 911. The responding officer can file a police report, while the ambulance can transport you to the hospital for treatment.

Along with contacting your insurance company, you should also learn more about the accident and how to hold the distracted driver responsible.

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tag:www.templelawoffice.com,2018:/blog//78593.34539382018-09-28T10:23:15Z2018-09-28T10:22:15Z
As a motorcyclist, there may not be anything more exciting to you than getting on your bike and hitting the road. Even so, you always need to remember that you face a variety of unique problems that could result in an accident.

Drivers who don't share the road: Some people just won't share the road with motorcyclists, which greatly increases the risk of an accident. You must always be on the lookout for these people.

Visual recognition: Since you're driving a motorcycle, not a motor vehicle, you're a smaller visual target. This makes it more challenging for other drivers to see you.

Road hazards: There are not too many hazards that a motor vehicle can't handle. However, as a motorcyclist, things such as potholes, debris and gravel can cause an accident.

Riding skills: Driving a motorcycle takes more skill than a motor vehicle. You must be familiar with safe driving techniques, defensive driving methods and what to do in the event of an emergency.

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Even with these unique problems having the potential to get in the way, it's probably not enough to keep you off your motorcycle.

If you're part of a motorcycle-motor vehicle accident, you must call 911. Even if you feel okay, it's better to be safe than sorry. You should have an ambulance transport you to a local hospital as soon as possible.

After receiving treatment, you'll have time to contact your insurance company and learn more about the accident, such as who was at fault and how you can protect your legal rights.

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tag:www.templelawoffice.com,2018:/blog//78593.34526472018-09-27T15:11:36Z2018-09-27T15:10:36Z
Your home is at the center of your life. The many hours you spend at work are partly to pay your mortgage, maintain and repair your property, and furnish your home with those things that make it warm and comfortable. You expect to deal with normal wear and tear, and you may even anticipate damage from a Texas storm or other act of nature. One issue many homeowners dread is water damage.

If a pipe bursts, a toilet overflows or the roof leaks, you will likely end up with damage to your walls, ceiling or floor. If you catch it in time, you can limit the damage, but you may still be looking at a costly repair. When the water comes from a source beyond your control, such as your neighbor's property, the situation is altogether different.

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Can I sue?

In most cases, your neighbors can't control how the water flows from their property to yours. Natural runoff after a heavy rain may course through your yard or even end up in your basement. On the other hand, your neighbors may have intentionally re-routed the water to your land or altered their property so that the water caused damage to your property. For example, paving a driveway, changing the landscape or building a structure may have directed heavy runoff to your land.

You may have cause for legal action. If you file a claim against your neighbor for damage your property sustained because your neighbor's actions altered the flow of water, you will have to present enough documentation to convince the court that you deserve compensation.

How can I prove my case?

Some factors the court will consider include the following:

Were your neighbor's changes to the property necessary?

Did your neighbor know that those changes had the potential to cause damaging water flow onto your property?

Was the damage to your property more substantial than the benefit your neighbor gained from making the changes?

The law allows property owners to protect their land from heavy water drainage. However, if your neighbors made the changes to protect their own property from damaging runoff, you may still have a chance at a successful civil claim. This may result in compensation for repairing or replacing damaged property, medical expenses if injury resulted and living expenses if your home sustained damage that forced you to stay somewhere else. You may also qualify for punitive damages if the court finds your neighbors intentionally caused the damage.

When facing issues that place your home and safety in danger, you want to be sure you have strong advocacy and skilled representation. Seeking the assistance of an experienced litigator who knows Texas property laws is a wise move.

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tag:www.templelawoffice.com,2018:/blog//78593.34332502018-09-13T22:59:42Z2018-09-13T22:58:42Z
After a divorce, co-parenting is often the most difficult challenge you will face. You want to spend as much time as possible with your children, but you realize that your ex-spouse has the same goals.

With a parenting agreement in place, it's easy to understand your legal rights to parenting your child after a divorce. However, this doesn't always tell the whole story in regards to co-parenting.

Be flexible with schedules: There will be times when your ex needs to change their schedule. There may also be times when you need to do the same. Flexibility can help.

Don't turn everything into a fight: Pick and choose your battles, as fighting about everything won't do anyone any good.

Communicate: You don't have to go overboard, but regular communication is a must. Find something that works and stick with it.

Don't get in the way: When your children are spending time with their other parent, you should respectfully keep your distance.

Do what's best for your children: Even if it's not what you want to do, you can never go wrong when you do what's best for your children.

It's not always easy to follow these five co-parenting tips, but doing so can greatly improve your situation.

If you continue to follow the parenting agreement, but come to find that your ex doesn't do the same, you may need to take legal action. Child custody matters are nothing to take lightly, so it's important to do whatever you can to protect your rights.

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tag:www.templelawoffice.com,2018:/blog//78593.34317972018-09-12T22:11:34Z2018-09-12T22:10:34Z
Purchasing a home is an exciting and terrifying adventure. On the one hand, you are investing in a property that your children and grandchildren may associate with many joyful memories. On the other hand, you are taking on a large, expensive burden that could be the source of many frustrations.

One way to minimize the potential for unpleasant surprises in your new home is to hire an inspector to carefully examine the house before you sign any closing documents. A home inspection is not a requirement for purchasing a home in Texas, and many homebuyers think they will save some money by waiving their right to an inspection. However, the benefits of obtaining a home inspection may be worth the cost.

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What can you learn from an inspection?

If you have found a home you want to buy and decide to have it inspected, you will not want just anyone looking over the house. For your protection, it is better to find an inspector who has the required and valid certifications from the state authorities. Hiring a local inspector will offer the advantage of a professional who is familiar with issues that are commonly present in homes in the area.

Every inspector should have a basic checklist to follow, and the person you hire should tell you up front what items he or she does not include in the inspection. For example, most inspectors will not include pests, radon or asbestos in their basic packages. You have a right to be there during the inspection and to ask questions along the way. The final report after an inspection should include explanations of the following repairs the house needs:

Cosmetic: These do not affect your safety or the way the home functions but are easily remedied with a coat of paint or other superficial fix.

Minor: You may be able to make these repairs yourself.

Major: These defects include systems that you or the seller will need to fix or replace.

Material: Anything on this list compromises your safety or may affect the value of the home.

If your home inspection report has any major or material defects, or if there are a significant number of minor repairs needed, you have decisions to make. Your sales contract should include a contingency allowing you to back out if the home inspection is not acceptable. You may also be able to negotiate a lower price in light of the inspection or request that the seller make the repairs.

The home inspection may be optional, but not many consumer advisors recommend skipping it. Additionally, with an experienced attorney guiding you through the homebuying process, you will have an ally to review your sales contract for appropriate contingencies and protect your rights throughout the closing process.

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tag:www.templelawoffice.com,2018:/blog//78593.34183712018-08-31T17:53:48Z2018-08-31T17:52:48Z
Estate planning myths can cause a lot of problems. People often buy into what they hear casually, even if they never got legal advice or did any deep research on their own. This can lead to critical mistakes that they regret later in life.

Maybe you can, but you never know. Estate planning isn't just for grandparents or people who have retired. The unfortunate reality is that you can never predict when you'll need that plan. Putting it off could be a disaster.

Your estate plan covers your life insurance policy

Actually, you have to pick a beneficiary for your life insurance policy when you set it up. The money generally goes to that person, no matter what your estate plan itself says. For this reason, you want to coordinate things to make sure that your estate plan and your beneficiary designations work together.

Once you create the plan, you're done

You may not be. It's important to update the estate plan often, especially if you experience a significant life change. For instance, you could inherit money from your own parents or you could get divorced. When anything changes, update that plan to match.

These are not the only estate planning myths out there, but they give you a great place to start. Make sure you know exactly what legal options you have, what steps you need to take and how to create the ideal plan that reflects your wishes.

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tag:www.templelawoffice.com,2018:/blog//78593.34014902018-08-22T16:51:34Z2018-08-22T16:50:34Z
It's difficult to avoid stereotypes when talking about blended families and probate disputes. However, research shows that children do not often bond with their stepparents, and this disconnect becomes even more pronounced after the biological parent dies. It is not unusual for a law firm to see half of its estate disputes arise between children and a stepparent, particularly a stepmother.

While you may think this perpetuates the long-held myth of the wicked stepmother, the fact is that women tend to outlive their husbands, and this often leaves widows battling with their stepchildren for the inheritance. If you are currently embroiled in such a battle, it may help to know you are not alone and there are resources available to help you.

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Do I have reason to take action?

Fewer than 20 percent of adults have a close relationship with their stepmothers, according to some researchers. You may be able to live with that if you each go your own way. Perhaps you were able to behave politely to your stepmother when visiting your father, or maybe you stayed away altogether. Now that your parent has passed away, you are facing the difficult task of probate, and the tension between you and your stepmother may be even stronger.

Some common factors that can increase the likelihood of a battle between adult children and their stepmothers include the following:

Betrayal: If your father's relationship with your stepmother was the reason your parents' marriage broke up, you may have long-held feelings of resentment and mistrust.

A short marriage: If your father and stepmother were only married a brief time before his death, this may have shortened the time you had to bond with your stepmother, but it may also make suspicious any changes in your father's estate plan.

Final arrangements: If your stepmother's plans for your father's final resting place differ greatly from what you desire or what you perceived as your father's wishes, latent tension may quickly rise to the surface.

Your stepmother's children: You may have cause for concern if your father's estate plan favors your stepmother's children over you and your biological siblings.

Control: Your stepmother may play games such as keeping from you important information about the day and time of the funeral service, the location of the burial site or the possession of the urn with your father's remains.

Suspicions: You may already have doubts about your stepmother's trustworthiness, especially if family heirlooms or assets disappear, your stepmother isolates your father from you or you suspect she has unduly influenced your father to change his estate plan.

If your father suffered from dementia, you may suspect your stepmother of taking advantage of this to gain control of your inheritance. It may not be easy to prove, but an attorney can assist you in determining if you have cause to dispute the estate plan in Texas probate court.